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Georgia Family Law Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: Once a ward was granted an emergency conservatorship is it legal to close all wards accounts

Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.

1 Answer | Asked in Family Law for Georgia on
Q: I want to legitimize my children, I am on the birth certificate for both of them.

They lived with me in GA from 8\1\2020 to 5/22/2021 after their mother had a mental health crisis. Due to not being married they had to go back to her in Florida once she became stable again. I now want to legitimize myself to have right to them and see them again. Do I need to do a paternity... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jun 14, 2021

You can file for legitimation. We would need additional information to determine which state you would need to file the action. Our office is happy to help.

Atlanta Family Law Group, LLC

404.963.9452

atlfamilylawgroup.com

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: Is the conservator then allowed to close all your financial ACCTS prior to speaking with ward? I

And is that considered the 60 days from served documents the notice put shows no letters from the courts that were to be mailed or hand delivered? Conservator hasn't as much called or anything to see what he needs but closed all His accounts leaving him w no $ not even being to get gas to... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

I do not understand your question. I'm sorry.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How do I file a contempt of court order against the other party? Do I go to the courthouse or can I do it online?
Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Your question makes it sound as if you already have the court order. Only Courts (Judges) may sign Orders. Did a judge sign an order for you? I can't think so. If that had happened it would already be filed. So....... you will first need to file an application for citation of contempt and... Read more »

1 Answer | Asked in Child Support and Family Law for Georgia on
Q: What are my options here regarding child support?

My ex-girlfriend moved back in with her father a few weeks ago and took both our children with her. I have been taking care of her and our children for the past 10 months. She has been threatening to take me to court if I don't agree to pay her $600 in child support. I am currently not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 14, 2021

If she no longer lives with you, you will have to pay something more than nothing. For now, give her at least $300, but you will need to adjust your budget because support will be owed. There is no way for anyone to tell you how much, because it is a mathematical formula that takes into account a... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: My grandson 16 in November has been living in a terrible relationship with his mother. He wants a emancipation.

He ran away last year because his mother is on drugs. We went to Juvenile court and they made him go back home. They did require counseling But mother has refused and said she did not need it. This child has beg for help he is failing in school. I feel that he is a slave he is not allowed to even... Read more »

Gina Anne Smalley
Gina Anne Smalley answered on Jun 8, 2021

You and/or your grandson have options. Without more information, it is hard to answer whether or not he is entitled to emancipation. You may also have grandparent custodial rights. You should seek out a lawyer knowledgable in these areas.

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2 Answers | Asked in Family Law for Georgia on
Q: Can I present new evidence that I had already knew but not mentioned because of the severity of it. Now in order to help

Recently a judge granted my motion for amending petition to add party from the respondant side. I have verbal admission from respondant side that I need to use as my evidence that is very relevant to my civil case. How do I implement or make known to have that verbal evidence as my exhibit.

Michael D. Birchmore
Michael D. Birchmore answered on Jun 7, 2021

There is no way to educate you in the laws/rules governing admissibility of evidence here online. You would be wise to spend a few dollars and speak with an attorney in your area about your issue.

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2 Answers | Asked in Family Law for Georgia on
Q: Can a parent with cruelty to children charges(pending) live in the same house as the child the charges are against

The mother has 3 cruelty to children charges and is allowed to still live in the same household with the child,,,is this legal

Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

It depends on whether his bond conditions restrict him from doing this.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What right does DFCS's Harris County, GA have to take a young child away from her mother?

It's been over 6 years now since the mother has been able to see her daughter. The daughter was given to the birth certificate named father (They were never married.). He has been told by judges to let the mother see her daughter, but each time she has tried to see the child, the mother has... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 4, 2021

This is a genuine mess. First, if the child was born out of wedlock and the biological father (assuming that person is the father you referenced) has n-o-t filed a lawsuit to have the child legitimated, then the man has absolutely no parental rights to the child and should not have the child.)... Read more »

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3 Answers | Asked in Family Law for Georgia on
Q: How can I get my ex to sign a QDRO

In our Divorce Papers Under Dividing property Retirement it say that that My ex Attorney will take care of preparing Qdro And filing it in court. I didn't realize till my Ex partially retired from the place he work at for years that the QDRO was never taken care of. I contacted his attorney... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 3, 2021

You can file for contempt of court because he is not complying with the court order.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: my dad is abusive and keeps me from my mom when I’m supposed to see her what is the fastest way to get out the house

I live in Georgia I’m seventeen years old . My dad has primary custody of me and my mom is allowed to see me but my dad has kept me from her for years , my dad is physically abusive . I was wondering what would happen if I left to my moms house without parent permission. I seen an answer that... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 2, 2021

Hello. I was the attorney who wrote the answer you read. Actually, what I said was that I had h-e-a-r-d of only 2 emancipations in my 31 years of practice. It is an extremely hard thing to accomplish. For example, it you were to explain to a judge what your plan of living is (like you explained... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My sister said i can stay with her i don't want her to get arrested for harboring a "runaway" what can I do?

My father threatens to physically assault me constantly, I've never been enrolled in school, im scared I want to call the cops but I don't know if they'll take me away from them I was beat constantly as a child I am 16 now and I can't stay here anymore cps was called in the past... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 2, 2021

You should contact GA Department of Children Services (Child Protective Services) immediately and speak with an agent of the department and tell them your situation.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can my ex wife tell me who can watch my kids during my parenting time?
Regina Irene Edwards
Regina Irene Edwards answered on Jun 1, 2021

No, but this issue should be addressed with common sense. Don't have a convicted felon, child abuser or drug user as the caregiver. If you do use a caregiver, that person should have your ex wife's contact information and vice versa.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: Can my ex move with kids out of states, if I’m not okay with it.

She said she had to move due to not being able to afford the rent in the area that we live in and could get some help from family if she moved out of state.

Gina Anne Smalley
Gina Anne Smalley answered on May 27, 2021

She doesn't need your permission to move, but you have potential remedies to keep the children here. You should contact an attorney to discuss your options.

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2 Answers | Asked in Family Law and Civil Rights for Georgia on
Q: Halfway home is trying to keep my brother from his newborn from him but the mom is in the program

Are they allowed to keep the dad from his newborn without a reason

Regina Irene Edwards
Regina Irene Edwards answered on May 27, 2021

If your brother is not married to the mother, he has no rights. He needs to contact a family law attorney about obtaining rights.

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2 Answers | Asked in Family Law and Civil Rights for Georgia on
Q: Halfway home is trying to keep my brother from his newborn from him but the mom is in the program

Are they allowed to keep the dad from his newborn without a reason

Homer P Jordan IV
Homer P Jordan IV answered on May 27, 2021

Were they married? If not, then he will not have any rights to the baby until/unless he goes through a legitimation process. Consult with an attorney who can help with the proper course of action.

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1 Answer | Asked in Family Law for Georgia on
Q: As a resident, can I record my monthly resident meetings in my personal care home common room for legal purposes in GA?

I would not reveal that I was recording.

Also, can I record conversations with people in the hallway outside my room if their voices are easily discerned in my room with the door open without their consent?

Michael D. Birchmore
Michael D. Birchmore answered on May 26, 2021

You need to be careful with this. GA follows the "one party consent" rule. Basically, you may record only the conversations to which you are a party. Again, even if you handle everything properly, your use of the recording is going to be much more restricted than you know. Just... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: What circumstances can grandparents file for visitation?

Child has lived with me for 4 years, mother took him back and I can’t see or talk to him

Homer P Jordan IV
Homer P Jordan IV answered on May 20, 2021

Grandparents can at times be granted visitation rights, depending on the circumstances. It would be a good idea for you to consult with an attorney who can review the facts of the case in detail and present you with the options. Most attorneys offer a free initial consultation.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: Can I file suit or bring civil or criminal charges against someone for Parental alienation when my child is an adult?

My adult child is suffering from the parental alienation at the hands of he and Third party alienators. I am mother.

Michael D. Birchmore
Michael D. Birchmore answered on May 19, 2021

No. I am unaware of a cause of action that would allow you to sue for this.

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